GAZETTE NOTICE NO. 2219

IT IS notified for the general information of the public that the Cabinet Secretary for Energy has appointed a Standing Committee on the Review and Re-Negotiation of Power Purchase Agreements (PPAs) comprising of— Owiti Awuor— Chairperson Members: Patrick Mawala Stephen Ikikii (Dr.) Joan Chesoni Lilian Abishai Karei Mwenda Julius Mwathani (Eng.) Kihara Mungai Tom Maruti Naomi Githui Leonard Yegon Elsie K. Mworia (Joint Secretary) Newtone Orondoh (Joint Secretary) The Terms of Reference of the Standing Committee shall be to — 1. Review the law, policy documents, studies and reports relevant to the proposed PPA renegotiations. These include and are not limited to: Energy Act, 2019; the Independent Power Producers (IPP) Power Purchase Agreements (PPA) Task Force Committee Report; the IPP/PPA Interagency Committee Report; the Least Cost Power Development Plan (LCPDP) Report; the Feed-in-Tariff (FiT) Policy; the ongoing Energy Auction Study; the KPLC submission on PPA renegotiation and any policy document guiding Power Purchase Agreements. 2. Review the terms of the operational and committed PPAs; issued Government of Kenya Letters of Support and associated Project Agreements to identify parameters or issues for negotiation with the objective to optimize power purchase costs. 3. Review risk allocation in the operational and committed PPAs and its impact on the power off-taker, the whole energy sector and the economy and recommend optimal risk allocation between the developers and off-taker to mitigate risks. 4. Develop a suitable strategy to engage the power generators in renegotiations for sustainable solutions for the energy sector and economy. 5. Review committed generation projects with a view of transitioning to Energy Auction. 6. Recommend a standardized take and pay structure for future PPAs. 7. Develop a program for renegotiation of PPAs. 8. Draft standard letter of information and invitations to generators for renegotiations. 9. Renegotiate PPAs. 10. Prepare monthly progress reports and a final report. II. Undertake any task on the review and re-negotiation of PPAs that may be assigned by the Cabinet Secretary. Powers and Rules of the Committee In the performance of its functions, the Standing Committee — I. Shall hold such number of meetings in the places and at such times as the Standing Committee shall consider necessary for the proper discharge of its functions. 2. May identify and co-opt any person who possesses the relevant expertise, skills or experience which it considers necessary and proper to achieve its objectives. 3. May require production, by any relevant person, of any relevant information and document necessary for the implementation and execution of its mandate. 4. May create committees or sub-committees to expedite the discharge of its tasks. 5. Shall have all powers necessary or expedient for the proper execution of its functions, including the power to regulate its own procedures. 6. Shall submit to the Cabinet Secretary periodic reports and a final report at the end of its term. Tenure The Standing Committee is appointed for a period of nine (9) months with effect from the 1st March, 2021 or for such longer period as the Cabinet Secretary may, by notice in the Gazette, prescribe. Secretariat The Secretariat of the Standing Committee shall be based at the Offices of The Kenya Power & Lighting Company Plc, Stima Plaza, Kolobot Road, Parklands, P.O. Box 30099-00100, Nairobi. Dated the 2nd March, 2021. CHARLES KETER, Cabinet Secretary for the Ministry of Energy.